DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
This action is written in response to the amendment filed
Claims 1, 9 and 14 have been amended
Claims 1-20 are presented for examination
This action is Final
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-3, 5-7, 9, 11-16 and 18-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Glaezner (US 1,889,471) in view of Kurdziel (IS 2008/0072639) in view of Mik et al. (US 6,351,207).
Claims 1, 9. Glaenzer discloses an attachment accessory comprising: a base member having a first end and an opposing second end, the base member comprising:
a storage compartment positioned between the base member first and second ends, the storage compartment having a floor and at least one first wall extending upwardly from the floor, a storage space formed between the floor and the at least one first wall, the at least one first wall having a first engagement member,
an accessory compartment having an inner retaining wall abutting the at least one first wall of the storage compartment and at least one outer retaining wall extending substantially perpendicular from the inner retaining wall to the base member second end, and
a retaining space formed between the opening and the inner retaining wall (see annotated figure below).
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a cap member 51 having a first end and an opposing second end, the cap member comprising:
a ceiling 55 positioned between the cap member first and second ends, at least one second wall extending downwardly from the ceiling, the at least one second wall having a second engagement member 52,
wherein the base member and the cap member are configured to be attached together via the first and second apertures (col. 2, ll. 39-60), and
wherein the base member and the cap member are configured to be lockingly coupled together to enclose the storage space without enclosing the retaining space when the first and second engagement members are engaged (fig. 1, 2).
Glaenzer discloses access to the accessory compartment via a lid but does not teach an opening at a distal end of the at least outer retaining wall. Kurdziel teaches an accessory compartment having an inner retaining wall abutting the at least one first wall of the storage compartment and at least one outer retaining wall extending substantially perpendicular from the inner wall to the base member second end (see annotated figure below).
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Therefore, it would have been obvious to one having ordinary skill in the art at the time of the effective filing date of the invention to modify the accessory compartment of Glaenzer to include the opening of Kurdziel to access the contents of the stored compartment both in the opened and closed configuration.
Glaenzer fails to disclose extension members from the walls of the attachment accessory. Mik teaches a first extension member extending from the at least one first wall of the storage compartment the first extension member having a first aperture extending therethrough (hole for loop 24);
a second extension member extending from the at least one second wall to the cap member first end, the second extension member having a second aperture extending therethrough (hole for loop 24; fig. 3). Therefore, it would have been obvious to one having ordinary skill in the art at the time of the effective filing date of the invention to modify the walls of Glaenzer to include the extensions of Mik in order to tether accessories for easy transport of the attachment accessory.
Glaenzer discloses an aperture 50 that is found on both the cap and storage compartment. A modification of the extension member of Mik to extend from both the cap and storage compartments of Glaenzer would be obvious to one having ordinary skill in the art at the time of the invention to assist in the distribution of applied loads to the attachment accessory.
Claim 2. Glaenzner-Kurdziel-Mik discloses the attachment accessory of claim 1, wherein the first engagement member extends outwardly from the at least one first wall and the second engagement member extends inwardly into the at least one second wall (Glaenzer; fig. 4).
Claim 3. Glaenzner-Kurdziel-Mik discloses the attachment accessory of claim 1, wherein the at least one first wall is directly adjacent to the inner retaining wall (Glaenzer; see annotated figure of claim 1).
Claim 5. Glaenzner-Kurdziel-Mik discloses the attachment accessory of claim 1, wherein the first and second extension members are substantially the same size and shape (Mik; fig. 3).
Claim 6. Glaenzner-Kurdziel-Mik discloses the attachment accessory of claim 1, wherein the first and second apertures are substantially the same size and shape (Glaenzer; fig. 2).
Claim 7. Glaenzner-Kurdziel-Mik discloses the attachment accessory of claim 1, wherein the base member and the cap member are constructed of a flexible and durable material (Glaenzer; pg. 1, ll. 55-70).
Claim 11. Glaenzner-Kurdziel-Mik discloses the attachment accessory of claim 9, wherein the first and second extension members are substantially identical (Mik; fig. 3).
Claims 12-13. Glaenzner-Kurdziel-Mik discloses the attachment accessory of claim 9, wherein the storage compartment, accessory compartment and first extension member are integrally formed (Mik; fig. 3) and constructed of a flexible and durable material (Glaezner; pg. 1, ll. 55-70).
Claim 14: Glaezner discloses an attachment accessory comprising:
a storage compartment having a floor and at least one first wall extending upwardly from the floor, a storage space formed between the floor and the at least one first wall, the at least one first wall having a first engagement member;
an accessory compartment having an inner retaining wall and at least one outer retaining
wall extending from the inner retaining wall (see annotated figure below);
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member having a first aperture;
a cap 51 member having a ceiling 55 and at least one second wall extending from the ceiling, the at least one second wall having a second engagement member 52, and
wherein the storage compartment and the cap member are configured to be lockingly coupled together to enclose the storage space without enclosing the retaining space when the first and second engagement members are engaged (col. 2, ll. 39-60).
Glaenzer discloses access to the accessory compartment via a lid but does not teach an opening at a distal end of the at least outer retaining wall. Kurdziel teaches an accessory compartment having an inner retaining wall abutting the at least one first wall of the storage compartment and at least one outer retaining wall extending substantially perpendicular from the inner wall to the base member second end (see annotated figure below).
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Therefore, it would have been obvious to one having ordinary skill in the art at the time of the effective filing date of the invention to modify the accessory compartment of Glaenzer to include the opening of Kurdziel to access the contents of the stored compartment both in the opened and closed configuration.
Glaenzer fails to disclose extension members from the walls of the attachment accessory. Mik teaches a first extension member extending from the at least one first wall pf the storage compartment, the first extension member having a first aperture extending therethrough (hole for loop 24);
a second extension member extending from the at least one second wall to the cap member first end, the second extension member having a second aperture extending therethrough; and wherein the first and second extension members are attached together via the first and second apertures (hole for loop 24; fig. 3). Therefore, it would have been obvious to one having ordinary skill in the art at the time of the effective filing date of the invention to modify the walls of Glaenzer to include the extensions of Mik in order to tether accessories for easy transport of the attachment accessory.
Glaenzer discloses an aperture 50 that is found on both the cap and storage compartment. A modification of the extension member of Mik to extend from both the cap and storage compartments of Glaenzer would be obvious to one having ordinary skill in the art at the time of the invention to assist in the distribution of applied loads to the attachment accessory.
Claim 15. Glaenzner-Kurdziel-Mik discloses the attachment accessory of claim 14, wherein the first engagement member extends outwardly from the at least one first wall and the second engagement member extends inwardly into the at least one second wall (Glaenzer; fig. 4).
Claim 16. Glaenzner-Kurdziel-Mik discloses the attachment accessory of claim 14, wherein the at least one first wall is directly adjacent to the inner retaining wall (Glaezner; see annotated figure 1 of claim 1).
Claim 18. Glaenzner-Kurdziel-Mik discloses the attachment accessory of claim 14, wherein the first and second extension members are substantially the same size and shape (Mik; fig. 3).
Claims 19-20. Glaenzner-Kurdziel-Mik discloses the attachment accessory of claim 14, wherein the storage compartment, accessory compartment and first extension member are integrally formed (Mik; fig. 3) and constructed of a flexible and durable material (Glaezner; pg. 1, ll. 55-70).
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Glaezner (US 1,889,471) in view of Kurdziel (IS 2008/0072639) in view of Mik et al. (US 6,351,207) in view of Ellis (US 6,164,452).
Claim 8. Glaenzner-Kurdziel-Mik discloses the attachment accessory of claim 1, where Glaezner discloses an accessory holder made of precious metal but fails to disclose the holder being made of silicone. Ellis teaches wherein the base member and the cap member are constructed of a flexible and durable material (col. 3, ll. 18-31). It would have been obvious to one having ordinary skill in the art at the time of the invention to select a resilient silicone material, since it has been held to be within the general skill of worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416 MPEP 2144.07 II
Claim(s) 4, 10, 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Glaenzer (US 1,889,471) in view of Kurdziel (IS 2008/0072639) in view of Mik et al. (US 6,351,207) in view of Miller et al. (US 2020/0262109).
Claim 4. Glaenzner-Kurdziel-Mik discloses the attachment accessory of claim 1, but fails to disclose a chamfered surface. Miller teaches wherein a lower end of the at least one second wall is chamfered ([0016]; fig. 1). Therefore, it would have been obvious to one having ordinary skill in the art at the time of the effective filing date of the invention to modify the surfaces of Glaenzner-Kurdziel-Mik to include the chamfered surfaces of Miller to create a better gripping surface for the user.
Claim 7. Glaenzner-Kurdziel-Mik discloses the attachment accessory of claim 9, but fails to disclose a chamfered surface. Miller teaches wherein a lower end of the at least one second wall is chamfered ([0016]; fig. 1). Therefore, it would have been obvious to one having ordinary skill in the art at the time of the effective filing date of the invention to modify the surfaces of Glaenzner-Kurdziel-Mik to include the chamfered surfaces of Miller to create a better gripping surface for the user.
Claim 10. Glaenzner-Kurdziel-Mik discloses the attachment accessory of claim 14, but fails to disclose a chamfered surface. Miller teaches wherein a lower end of the at least one second wall is chamfered ([0016]; fig. 1). Therefore, it would have been obvious to one having ordinary skill in the art at the time of the effective filing date of the invention to modify the surfaces of Glaenzner-Kurdziel-Mik to include the chamfered surfaces of Miller to create a better gripping surface for the user.
Response to Arguments
Applicant's arguments with respect to the claims have been considered but in view of the amendment the search has been updated, new prior art has been identified and applied, and a new rejection has been made.
Furthermore, the annotated drawings in the rejection have been updated to clarify the limitations believed to be taught by the prior art.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/RAVEN COLLINS/Examiner, Art Unit 3735
/Anthony D Stashick/Supervisory Patent Examiner, Art Unit 3735